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HomeMy WebLinkAbout09-23-1992 Council AgendaAGENDA CITY OF LITTLE CANADA REGULAR COUNCIL MEETING Wednesday, September 23, 1992 A. 1. Call To Order - Regular City Council Meeting - 7:30 P.M. 2. Roll Call Mayor Councilperson Councilperson Councilperson Councilperson City Administrator City Attorney Consulting Engineer City Planner Recording Secretary Mr. Raymond Hanson Mrs. Beverly Scalze Mr. Bill Blesener Mr. Rick Collova Mr. Jim LaValle Mr. Joel R. Hanson Mr. Tom Sweeney Mr. Michael C. Lynch Mr. Steve Grittman Mrs. Kathy Glanzer 3. Approval of the Minutes - September 2, 1992 Workshop Meeting September 9, 1992 Regular Meeting September 9, 1992 Closed Meeting September 14, 1992 Special Meeting 4. Announcements a. Little Canada Charity Plus looking for favorite recipes from local residents. Recipes will be compiled into a cookbook which will feature contributants' names. Cookbooks will be sold as a fund - raiser. Should be available in time for Christmas. This agenda is subject to change by additions and deletions. Page 1 CITY COUNCIL AGENDA September 23, 1992 B. PUBLIC HEARINGS & REVIEWS 5. Presbyterian Homes - Senior Housing Project Rezoning from B -3 to RB and Conditional Use Permit for Elderly Housing Correspondence Pages 7 through 26. Tax Increment Financing for Elderly Housing Project Correspondence Pages 27 through 42. Development Agreement Correspondence Page 43. 6. Conditional Use Permit for Auto Repair in Industrial District - 3011 Country Drive - Best Auto & Tire Center Correspondence Pages 44 through 51. C. PRESENTATIONS 7. Application for Exemption from Lawful Gambling License and Waiving City's 30 -day Review Period - St. John's Church Correspondence Pending. 8. Amendment to Premise Permit - North Suburban Youth Association Correspondence Page 52. Page 2 CITY COUNCIL AGENDA September 23, 1992 D. STAFF AND CONSULTANT REPORTS 9. City Attorney 10. City Engineer a. Edgerton Watermain Improvement Feasibility Report - Report Pending. Correspondence Page 53. b. Vanderbie Allen Street & Utility Improvement Feasibility Report - Report Pending. Correspondence Page 54. 11. City Planner a. Statewide Shoreland Management Rules Correspondence Pages 55 through 58. 12. City Administrator a. Declare Cost and Order Preparation of Assessment Roll & Call for Improvement Hearing - Twin Lake Blvd. Improvement Correspondence Pages 59 through 61. - LaBore Road Improvement - Determination Not To Assess in 1992 Correspondence Page 62. b. Authorizing Issuance of Commercial Development Revenue Refunding Bonds to Refinance - Breckenridge Associates Correspondence Pages 63 through 69. c. Local Government Trust Fund Correspondence Pages 70 through 73. d. Call for Fire Department Workshop Meeting Page 3 CITY COUNCIL AGENDA September 23, 1992 E. COUNCIL REPORTS 13. Economic Development - Mr. Hanson 14. Public Safety - Mr. Hanson 15. Utilities - Mr. Blesener 16. Building /Zoning - Mr. Collova 17. Parks & Recreation - Mrs. Scalze a. Change Order No. 1 - Bituminous Parking & Trail Improvements Correspondence Pages 74 through 76. b. Preservation of Railroad Corridors for Public Use Correspondence Pages 77 and 78. 18. Administration - Mr. LaValle a. Vouchers 19. Adjourn Page 4 CORRESPONDENCE TO THE AGENDA CITY OF LITTLE CANADA September 23, 1992 PAGES CORRESPONDENCE 1 -6 Planning Commission Minutes Presbyterian Homes - Senior Housing Project 7 -26 - Rezoning & Conditional Use Permit 27 -42 - Tax Increment Financing 43 - Development Agreement 44 -51 Conditional Use Permit for Auto Repair - Best Auto & Tire Center 52 Amendment to Premise Permit - North Suburban Youth Association 53 Edgerton Street Watermain Improvement 54 Vanderbie /Allen Street & Utility Improvement 55 -58 Statewide Shoreland Management Rules 59 -61 Twin Lake Blvd. Improvement 62 LaBore Road Improvement Project 63 -69 Breckenridge Associates 70 -73 Local Government Trust Fund 74 -76 Change Order No. 1 - Bituminous Parking & Trail Improvements 77 -78 Preservation of Railroad Corridors for Public Use CONDOLENCES MINUTES REZONING & CUP FOR ELDERLY HOUSING PRESBYTERIAN HOMES MINUTES OF THE REGULAR MEETING PLANNING COMMISSION LITTLE CANADA, MINNESOTA SEPTEMBER 10, 1992 Pursuant to due call and notice thereof a regular meeting of the Planning Commission of the City of Little Canada, Minnesota was held on the 10th day of September, 1992 in the Council Chambers of the City Center located at 515 Little Canada Road in said City. Vice Chairman John Keis called the meeting to order at 7:45 P.M. and the following members of the Commission were present at roll call: MEMBERS PRESENT: Mr. Dennis Carson Mrs. Claudia Drabik Mr. Steve Garske Mr. Art Herkenhoff Mr. John Keis Mr. Bob Pedersen MEMBERS EXCUSED: Mr. Gene DeLonais ALSO PRESENT: Mr. Steve Grittman, City Planner Mrs. Kathy Glanzer, Rec. Secretary The entire Planning Commission offered Chairman Gene DeLonais their sincere condolences on the loss of his wife. Herkenhoff recommended approval of the minutes of the August 13, 1992 regular meeting. Motion seconded by Carson. Motion carried 6 - 0. The Commission reviewed the application submitted by Presbyterian Homes for rezoning from B -3 to RB, and for Conditional Use Permit for elderly housing. Site of the proposed senior housing development is adjacent to the Garden Terrace senior project on Market Drive. Elaine Reid, resident on County Road B -2, appeared before the Commission in support of the project. Reid reported her experiences in having parents who have resided at a similar Presbyterian Homes project, and Page 1 MINUTES PLANNING COMMISSION SEPTEMBER 10, 1992 reported that the quality of care is excellent. The City Planner reported that the rezoning request is appropriate. The Planner reviewed his report dated September 8, 1992 regarding the Conditional Use Permit request, and recommended approval subject to his comments on landscaping, signage, and loading areas. Presbyterian Homes agreed to comply with the recommendations of the City Planner as contained in his report. Ms. Drabik recommended approval of the rezoning from B -3 to RB and Conditional Use Permit for elderly housing as requested by Presbyterian Homes subject to compliance with the recommendations of the City Planner as contained in his September 8, 1992 report. PRESBYTERIAN HOMES TIF FOR ELDERLY HOUSING Motion seconded by Carson. Motion carried 6 - 0. The City Planner reported that it is the responsibility of the Planning Commission to make a finding of fact that the land use proposed by Presbyterian Homes for elderly housing is in conformance with the City's Comprehensive Plan as part of consideration of Tax Increment Financing support for the project. The City Planner reported that it is his opinion that it is. Herkenhoff asked the effect on the tax base for the City by approving Tax Increment Financing. The City Planner reported that approval of the TIF would allow for the capture of increased taxes to help in acquisition of the site and to control rents. The City Planner reported that the result of approval of TIF would be that the expected increase in tax dollars resulting from this development would not be available to the taxing jurisdictions for the life of the district, which would be 15 years in this case. Garske stated that he assumes that no development other than the elderly housing proposed would occur on this site. Page 2 MINUTES PLANNING COMMISSION SEPTEMBER 10, 1992 Garske recommended approval of the resolution finding the City Development Program for Development District No. and the tax increment financing plan for Tax Increment Financing District No. 5 consistent with the plan for development of the City of Little Canada. Motion seconded by Herkenhoff. Motion carried 6 - 0. CONDITIONAL The Commission reviewed the application submitted by USE PERMIT Best Auto & Tire Center for Conditional Use Permit BEST AUTO for auto repair in the Industrial District. Best Auto is located at 3011 Country Drive. The City Planner reported that since his report was issued, he learned that the site plan was drawn showing the limits of the fence line, rather than the property line for Best Auto. Therefore, the actual rear setback will be 42 feet, which is in compliance with the City's Code. The Planner stated that this had been his only real concern with the proposal, however, he had made some comments on reorganization of the parking lot. However, that reorganization is a minor issue, and the Planner recommended approval. AUTO SALES Carson recommended approval of the Conditional Use Permit for Best Auto & Tire Center, 3011 Country Drive, subject to re- organization of the parking lot as outlined by the City Planner. Motion seconded by Garske. Motion carried 6 - 0. The City Planner reviewed past history in the area of auto sales. The Planner noted that the City had been receiving a lot of applications for Conditional Use Permits for auto sales, and there was concern expressed that since most of these applications were for properties in Ryan Industrial Park, there would be an over - concentration in that area. Therefore, the Council issued a moratorium on the issuance of additional CUP's for auto sales pending further study. The Planner reviewed his report detailing auto sales activity in the City, and noted that very few of the permits issued are still active. The Planner did comment that he had a concern with too many of these auto sales operations concentrating in Ryan Industrial Park since the businesses require a low property investment, which may impede the clean -up of that area. Page 3 MINUTES PLANNING COMMISSION SEPTEMBER 10, 1992 The Planner felt there were a couple of ways to address the situation. First, would be to do nothing. The second would be to stiffen the requirements for retail sales in the Industrial District; however, this might adversely effect other retail businesses. The third option involves stiffening the requirements for retail auto sales specifically, continuing to allow retail auto sales, but imposing requirements similar to those in the B -3 District. Garske stated that he had a problem with retail auto sales in Ryan Industrial Park because of the traffic that this business attracts. Garske felt that this additional traffic might be a problem for the other industrial businesses in the Park. Garske suggested a solution may be to limit the number of retail auto businesses in the Industrial District. The City Planner felt that by limiting the number of retail auto sales businesses the City runs into an enforcement issue. If the City says that there can only be three retail auto sales businesses, for example, someone has to check that there are only three. Also, the City could run into an illegal operation and have the property owner claim that the cars are not for sale. The Planner reported that in the B -3 District, the City limits the number of vehicles allowed for sale by a minimum number of square footage per vehicle. The Planner noted that the City also has the option of eliminating the use from the Industrial District altogether. Garske felt that would be unfair to businesses like Suburban Auto who wanted to sell only one or two vehicles occasionally. The Planner noted out that the burden of prohibiting auto sales would be that a business could not operate both an industrial and retail sale operation. Drabik pointed out that if a business has the need to sell a vehicle or two occasionally, there are places this can be done other than in the Industrial Park. The City Planner noted that wholesaling of vehicles is a permitted use in the Industrial District. The issue here is retail sales. The Planner noted that there are currently three active retail sales licenses in the Industrial District. Those are Leonardo Auto Body, Eich Sales, and Suburban Auto. Garske pointed out that if the City is faced with ten requests for retail auto sales in the Industrial Page 4 MINUTES PLANNING COMMISSION SEPTEMBER 10, 1992 District, it would have a hard time saying no to all these requests if requirements are met. Drabik pointed out that the City already has three licenses, and suggested that the maximum be set at three since the City does not have the ability to enforce any more than that. The City Planner felt that would be a legitimate approach. New licenses could be issued as existing ones become inactive and lapse. Herkenhoff suggested limiting the number of cars for sale. The Planner felt that would be difficult since a property owner could claim that one car is for sale and another is not. The Planner again pointed out the limitation on number of cars in the B -3 District based on amount of square footage. The Planner noted that a CUP runs with the land. Drabik felt that it would be necessary to judge each application on existing conditions. Garske stated that it was his opinion that retail auto sales in the Industrial District should be either very much limited or eliminated. The City Planner suggested that he prepare some draft ordinance options addressing the issue. The Commission can review these and then propose an ordinance to the City Council. It was suggested that the Planner put together some examples of how other cities address the issue as well. Drabik stated that she would like to see retail auto sales licenses in Industrial limited to three. Keis agreed, but felt it unfair to blind -side the Industrial District property owners with this limitation. Herkenhoff instructed the City Planner to put together some ordinance proposals addressing the issue of auto sales for review by the Planning Commission at its next meeting, as well as a report on how other cities address the issue of retail auto sales in the Industrial District. Motion seconded by Garske. Motion carried 6 - 0. Page 5 MINUTES PLANNING COMMISSION SEPTEMBER 10, 1992 ADJOURN Herkenhoff recommended that the meeting be adjourned. Motion seconded by Drabik. Motion carried 6 - 0. There being no further business, the meeting was adjourned at 8:38 P.M. Respectfully submitted, Kathy Gla Recordin zer Secretary Page 6 X Applicant Owner Little Canada, Minnesota APPLICATION FORM Comprehensive Plan Amendment Zoning District Amendment Text Amendment Other REZONING - $500.00 Presbyterian Homes X PAID N° 607 Rec No Conditional Use Permit Variance Subdivision Planned Unit Development Plan Review 3220 Johanna Blyd. St. Paul, MN 55112 $400.00 (Name) (t' dress) (Phone) Pepi Enterprises, c/o Venetian Inn 2814 Rich Street, Little Canada, MN 55113 (Name) (Address) (Phone) Property Location (Street Address and Legal Description): PID #06- 29- 22 -31- 0003 -2 2850 Market Drive Description and /or Reason for Request (Cite Ordinance Sections): Rezone Property from B -3 to RB. Conditional Use Permit Request for Elderly Housing in RB District. In signing this application, 1 hereby acknowledge that 1 have read and fully understand the applicable provisions of the Zon- ing and Subdivision Ordinances and current administrative procedures. I further acknowledge the fee explanation as outlined in the application procedures and hereby agree to pay all statements received from the City pertaining to additional applica- tion expense. Page 7 (Signature of Applicant) WHITE— Office CANARY— Customer PINK —File GOLD— Planner /1Nr. 31)9 Z (Date) 515 Little Canada Road, Little Canada, MN 55117 -1600 (612) 484 -2177 / FAX: (612) 484-4538 CITY OF LITTLE CANADA NOTICE OF PUBLIC HEARING REZONING AND CONDITIONAL USE PERMIT PROPOSAL: MAYOR Raymond G. Hanson COUNCIL Beverly Scalze Bill Blesener Rick Collova Jim LaValle ADMINISTRATOR Joel R. Hanson Request for Rezoning of property from General Business District (B -3) to Residential Business (RB) as well as request for Conditional Use Permit for elderly housing in an RB District. PROPERTY LOCATION: 2850 Market Drive Little Canada, MN 55117 APPLICANT: PROPERTY OWNER: PLANNING Presbyterian Homes 3220 Johanna Blvd. St. Paul, MN 55112 Pepi Enterprises c/o Venetian Inn 2814 Rice Street Little Canada, MN 55113 COMMISSION: The Little Canada Planning Commission will be reviewing this matter at their September 10, 1992 meeting. The meeting begins at 7:30 P.M. and will be held in the Council Chambers of the City Center located at 515 Little Canada Road in said City. CITY COUNCIL: Notice is hereby given that a Public Hearing will be held by the City Council on Wednesday, September 23, 1992 at 7:30 P.M., or as soon thereafter as parties may be heard, in the Council Chambers of the City Center located at 515 Little Canada Road in said City. All persons with reference to this matter will be heard during the Planning Commission meeting on Thursday, September 10, 1992 and the City Council meeting on Wednesday, September 23, 1992. Sign language interpreters for hearing- impaired persons are available for public hearings upon request. The request for this service must be made at least 96 hours in advance. Please call to make the necessary arrangements. Joel R. Hanson City Administrator Page 8 Jim Marshal 34 Little Canada Road Little Canada, MN 55117 06- 29 -22 -31 -0014 Gerald & Virginia Struntz 56 Little Canada Road Little Canada, MN 55117 06- 29 -22 -31 -0016 David Pechler 2735 Rice Street Roseville, MN 55113 06- 29 -22 -31 -0017 06- 29 -22 -31 -0018 Paul Krahn 60 Little Canada Road Little Canada, MN 55117 06- 29 -22 -31 -0017 06- 29 -22 -31 -0018 Robert & Agnes Carrier 29 LaBore Road Little Canada, MN 55117 06- 29 -22 -31 -0019 Gerald & Kathleen Kellerman 39 Labore Road St. Paul, MN 55117 06- 29 -22 -31 -0020 Earl & Sharon Silbaugh 47 LaBore Road St. Paul, MN 55117 06- 29 -22 -31 -0021 Richard Coenen 55 LaBore Road St. Paul, MN 55117 06- 29 -22 -31 -0022 Donna Rae Johnson 61 LaBore Road Little Canada, MN 55117 06- 29 -22 -31 -0023 Jan & Lori Williams 73 LaBore Road Little Canada, MN 55117 06- 29 -22 -31 -0024 Dianne Hanson 40 LaBore Road Little Canada, MN 55117 06- 29 -22 -31 -0027 Judith Berggren 50 LaBore Road Little Canada, MN 55117 06- 29 -22 -31 -0028 iPage 9 Dan Lindh, Vice President Presbyterian Homes 3220 Johanna Blvd. St. Paul, MN 55112 Skip Sorenson Johnson, Sheldon & Sorenson 10249 Yellow Circle Drive Minnetonka, MN 55343 Pepi Enterprises c/o Venetian Inn 2814 Rice Street North St. paul, MN 55113 06- 29 -22 -31 -0003 John & Betty Lou Vitale 93 Little Canada Road St. Paul, MN 55117 06- 29 -22 -31 -0004 06- 29 -22 -31 -0005 Burt Hoehne 6335 Halifax Ave. S. Edina, MN 55424 06- 29 -22 -31 -0004 Franz & Lisa Nisswandt 20 Little Canada Road Little Canada, MN 55117 06- 29 -22 -31 -0006 County of Ramsey 109 Court House St. Paul, MN 55102 06- 29 -22 -31 -0007 06- 29 -22 -31 -0008 Patrick & Violet Hurley 2 Little Canada Road St. Paul, MN 55117 06- 29 -22 -31 -0009 Walter & Marion Saunders 2 Little Canada Road Little Canada, MN 55117 06- 29 -22 -31 -0010 Catherine Clemons 10 Little Canada Road Little Canada, MN 55117 06- 29 -22 -31 -0011 Gloria Favis Jennifer Baluyut 445 LaBore Road #320 Little Canada, MN 55117 06- 29 -22 -31 -0014 Todd & Gail Hagen 52 Little Canada Road Little Canada, MN 55117 06- 29 -22 -31 -0015 f r f Troy & Jeanne Colvard 60 LaBore Road St. Paul, MN 55117 06- 29 -22 -31 -0029 Eugene & Sally Leo 66 LaBore Road Little Canada, MN 55117 06- 29 -22 -31 -0030 William & Edna Oahn 74 LaBore Road Little Canada, MN 55117 06- 29 -22 -31 -0031 R. E. Boss III et al 57 E. Bryan St. St. Paul, MN 55117 06- 29 -22 -31 -0035 Richard AGuirre 65 Bryan St. E. Little Canada, MN 55117 06- 29 -22 -31 -0036 Leonard Notto 4393 Odell Ave. S. Afton, MN 55001 06- 29 -22 -31 -0039 Little Canada Elderly & Handicapped Housing Corp. 328 6th St. W. St. Paul, MN 55102 06- 29 -22 -31 -0049 Todd Boss 62 Bryan Street Little Canada, MN 06- 29 -22 -31 -0053 55117 Richard & Joann Bass 57 Bryan St. E. St. Paul, MN 55117 06- 29 -22 -31 -0054 Joseph Tereau 30 E. Little Canada Road . St. Paul, MN 55117 06- 29 -22 -31 -0056 Gus Youngs, Inc. 2510 Minnehaha Ave. Mpls., MN 55404 06- 29 -22 -32 -0010 Kenneth & Eveline Willis 56 Little Canada Road Little Canada, MN 55117 06- 29 -22 -32 -0016 Cedars Lakeside, Limited Partnership. c/o Brutgar Co., Inc. 1 Sunwcod Drive, P.O. Box 399 St. Cloud, MN 56301 06- 29 -22 -32 -0017 The Market Place 2900 Rice Street, Suite 380 St. Paul, MN 55113 06- 29 -22 -23 -0020 Liberty State Bank 176 Snelling Ave. N. P. 0. Box 64075 St. Paul, MN 55164 06- 29 -22 -24 -0014 t Presbyterian Homes of Minnesota Little Canada Senior Housing Development Description August 31, 1992 The Little Canada Senior Housing project consists of 92 one and two bedroom rental apartments. The building will be wood frame with a maintenance -free exterior with brick trim and accents. It will include an underground parking garage. Sixty two of the units will be one bedroom apartments and thirty will have two bedrooms. Unit sizes will range from 694 square feet to 973 square feet. All apartments will have dishwashers, disposals, heat lamps in bathrooms, and air conditioning. Doorways throughout all apartments will be handicapped accessible. Common area amenities include a community room, a dining room, two elevators, a gazebo, a car wash area in the garage, a guest room, and central air conditioning in all common areas. Page 11 BARIIAR \ P. Buun' & Asso X s 4631 Humboldt Adenue South Minneapolis, MN 5540) (612) 822.4392 FAX (612) 8224392 September 7, 1992 Mr. Joel R. Hanson City Administrator City of Little Canada 515 Little Canada Road Little Canada, Minnesota 55117 -1600 RE: Presbyterian Homes Senior Project Dear Mr. Hanson: We would like to revise our rezoning and Conditional Use Permit request to reflect 93 rather than 92 units and respectfully request consideration by the staff, Planning Commission, and City Council of the project as revised. The change does not increase the building size at all. It is instead due to a review of the amount of and the cost of the common areas in the building. Common space on the second floor that was undesignated is being converted to one more residential unit. This change will help keep the project more efficient and, correspondingly, less costly per unit. Plans reflecting this change in the tabulations will be delivered to Steve Grittman this morning by the architect. We thank you for your consideration. If you have questions, please do not hesitate to call me or Dan Lindh. Respectfully, P-{, Barbara P. Barry P Development Consultant cc: Stephen Grittman Dan Lindh Skip Sorensen Page 12 IINA Northwest Associated Consultants, Inc. C U R B A N P L A N N I N G • D E S I G N • M A R K E T R E S E A R C H PLANNING REPORT TO: Little Canada Planning Commission FROM: Stephen Grittman DATE: 4 September 1992 RE: Little Canada - Presbyterian Homes Rezoning /CUP FILE NO: 758.09 - 92.11 BACKGROUND In 1991, the City requested proposals from developers for a senior housing complex in the Marketplace Shopping Center area. After several proposal interviews and substantial study, the committee selected the Presbyterian Homes project as the preferred proposal. Presbyterian Homes has secured control of the site and is now requesting the appropriate rezoning from B -3, General Business to R -B, Residential Business. Consequently, a conditional use permit for senior housing in the R -B zone is to be considered. ANALYSIS This report will review the land use and rezoning aspects of the proposal. As of this date, staff has not received plans in order to properly review the conditional use permit. The site in question is a 3.6 acre property which fronts on Marketplace Drive between the Garden Terrace Apartments and the two strip commercial centers on Little Canada Road. To the east is the Soo Line Railroad and a single family residential neighborhood. The Marketplace Shopping Center, Saxon Bowl, and several other commercial services are available in immediate proximity to the property. Page 13 5775 Wayzata Blvd. • Suite 555 St. Louis Park, MN 55416 (612) 595- 9636•Fax. 595 -9837 According to the Comprehensive Plan and Zoning Ordinance, the R -B zone and senior housing in particular, is to be utilized as a "spot" zone. In those areas where commercial services, public transportation, and medical facilities are available, such spot zones are potentially appropriate. This site is unique in Little Canada in its ability to meet these directives. The following criteria are to be utilized in consideration of zoning amendments: 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Land Use Plan. 2. The proposed site is or will be compatible with present and future land uses of the area. 3. The proposed use conforms with all performance standards contained herein. 4. The proposed use will not tend to or actually depreciate the area in which it is proposed. 5. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. As noted above, we believe that the proposed site meets these criteria. The Planning Commission can make a finding of fact that the proposed amendment is appropriate and in conformance with all requirements. RECOMMENDATION We recommend approval of the rezoning from B -3 to R -B as proposed. Separate correspondence will be prepared for the conditional use permit, pending submission of appropriate drawings. pc: Kathy Glanzer John Palacio Barbara Barry Skip Sorenson Dan Lindh 2 Page 14 Page 15 Northwest Associated Consultants, Inc. U R B A N P L A N N I N G • D E S I G N • M A R K E T R E S E A R C H PLANNING REPORT TO: Little Canada Planning Commission FROM: Stephen Grittman DATE: 8 September 1992 RE: Little Canada - Presbyterian Homes CUP FILE NO: 758.09 - 92.11 BACKGROUND This report will address the Conditional Use Permit application of Presbyterian Homes for a 93 unit senior housing project, subject to the rezoning of their property on Market Place Drive. The rezoning to R -B, Residential- Business is discussed in a separate report. In the R -B District, senior housing is a conditional use, that is, to be allowed under a specific set of conditions described in the Zoning District regulations and the Comprehensive Plan. ANALYSIS As a development which requires a Conditional Use Permit, the senior housing project must meet the following general requirements: 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Land Use Plan. 2. The proposed site is or will be compatible with present and future land uses of the area. 3. The proposed use conforms with all performance standards contained herein. 4. The proposed use will not tend to or actually depreciate the area in which it is proposed. Page 16 5775 Wayzata Blvd. • Suite 555 • St. Louis Park, MN 55416 • (612) 595- 9636•Fax. 595 -9837 5. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. These are the same requirements made of the Zoning District amendment. As noted in our rezoning report, we believe that these criteria are met by the Presbyterian Homes proposal. The Zoning Ordinance also makes several specific requirements of senior housing. these are as follows: 1. Not more than ten (10) percent of the occupants may be persons sixty (60 years of age or under (spouse of a person over sixty (60) years of age or caretakers, etc.). 2. Except for caretaker units, occupancy shall be limited to a man and wife, blood relatives, or a single man or single woman. 3. To continue to qualify for the elderly housing classification, the owner or agency shall annually file with the City Clerk and the Zoning Administrator a certified copy of a monthly resume of occupants of such a multiple dwelling, listing the number of tenants by age and clearly identifying and setting forth the relationship of all occupants sixty (60) years of age or under to qualified tenants, or to the building. 4. There is adequate off- street parking in compliance with Section 903.050 of this Ordinance. 5. One (1) off- street loading space in compliance with Section 903.060 of this Ordinance. 6. Parking areas are screened and landscaped from view of surrounding and abutting residential districts in compliance with Section 903.020, G of this Ordinance. 7. The site of the principal use and its related parking is served by an arterial or collector street. 8. All signing and informational or visual communication devices shall be in compliance with Section 903.110 of this Ordinance. 9. the principal use structure is in compliance with the Minnesota State Building Code. 10. Elevator service is provided to each floor level. 11. Usable open space as defined in Section 902 of this Ordinance at a minimum is equal to twenty (20) percent of the gross lot area. 2 Page 17 12. The site of the main entrance of the principal use is within four hundred (400) feet of commercial shopping development or adequate provision for access to such facilities is provided. Items 1, 2 and 3 are operational requirements of the project. The remainder are site planning issues and are addressed below. 4. Parking. Senior housing is allowed a parking supply equivalent to one space per dwelling unit. The site plan shows 80 underground garage spaces and 30 surface spaces to serve the 93 proposed units. This exceeds the requirements made in the Ordinance. 5. Loading. No loading area is detailed on the plans, although service facilities and trash handling areas are located in the garage. The developer should identify a specified loading area which will not conflict with parking or circulation. 6. Screening of Parking. The only residential district is to the east across the railroad although the Garden Terrace Apartments are adjacent to the north. The landscaping plan shows substantial landscaping along the north and northeast perimeter consisting of large shrubs and evergreen trees. We believe the plan does a good job of meeting the screening requirement. 7. Collector Street. The site is adjacent to Market Place Drive, approximately 200 feet from Little Canada Road. Market Place Drive serves as a minor collector for the commercial traffic in the area. 8. Signs. No signage plans are part of this submission. The regulations for this development allow one area identification sign up to 24 square feet in area, eight feet in height. The sign is to be of a monument style of construction. 9. Building Code. The Building Official will review the construction of the building for Building Code compliance. 10. Elevator. Elevators are accessible to all levels as required. 11. Open Space. Total green area on the site comprises approximately 65 percent of the parcel. Over a third of the gross site area is behind the building, usable for active or passive recreation. 12. Location. The property is directly adjacent to the Market Place Shopping Center, well sited for a senior housing development, as noted in the rezoning report. 3 Page 18 OTHER ISSUES Setbacks. The building is well within all required setbacks. The parking lot on the north corner appears to be close to the required 5 foot setback. Density. The number of units allowed on the property is controlled by the unit mix. One bedroom units are allowed at the rate of one per 1,500 square feet of lot area. Two bedroom units are allowed at one unit per 2,000 square feet. This.proposal shows 69 one bedroom units and 24 two bedroom units, requiring 151,500 square feet of lot area. The parcel is 157,252 square feet in area, exceeding the minimum requirement. Landscaping. The building is designed in a horseshoe shape, creating a courtyard to the rear. This area is landscaped with lawn, a gazebo, walking path, trees, shrubs, and flower gardens, as well as a patio area and horseshoe pits. Most of the rest of the site is landscaped with trees and shrubs. The southeast corner of the site is proposed to be planted in prairie grasses and wild flowers. Our only comment would be to provide walkway through the prairie grass area rather than just in the confines of the "courtyard ". RECOMMENDATION We believe that the plans for the Presbyterian Homes Senior Housing are appropriate for the site and generally in compliance with Ordinance requirements. Conditioned upon our comments regarding loading, signs, and landscaping, we recommend approval of the Conditional Use Permit for senior housing subject to compliance with the Ordinance requirements listed in this report. pc: Kathy Glanzer John Palacio Barbara Barry Skip Sorenson Dan Lindh 4 Page 19 NV'IJ £111S ,ohn•on.sheldon • AAgiNrc-rs in, ILN2 .0 .0 G Z O 1 z a 0 z z o. r z Page 21 up.. pohneon. •heloon L • ARCHITECTS Inc. 1 .1./ (wn niu- . .•• na .n.ra niv 7. r 0 0 Z E Page 22 T Jonn.on. •I.Oldon A. ARC iITECTS '0•I• •/•/ ....•••••• J •.mbeldon & • 11•11 more.men ARC IITECTS Inc. ow or! T•110. co, • .,.•• ".•• •"" 41 .1 .1 1 MUM ■ i (a O 2 Z O J f T N D 0 • I I; Ii J enim.rww.rwww r.. MAPKE peace T :y ��''aQivE_•u • 4 .. �!7 O J Page 24 1 v z a *1 hif 19t �i��,r�;•is�,�i €�Eittif I i47; hie t i { ; {t p f`iit[l{ jt fit "i, Page 25 Ri F,,} ........... 1X11 if ?P 1 fw•••-•-H .11a 2107-271 ,. 020..7•... ;',7,.. , o.;�;; r 1•e5 $I•$s$ I iI Ti t • a 2 • 1' \ P v. ! migrneer - RCA CE DRIVE r • 7 I C. — ---11", ) 1 0 L , , , id. 11 Ott li g- i iits; el p.:1 Itf i' 1 ( 1 1 1/4....., 'aill1f,01 1 i ;21'i? t .-• \•..f.. t \ . I ■ tiN ':•. ‘ 1 \ ‘ \ 1" • N. 1 / 1 1 z .- n ) I \, \ \ \ 1 I .7 / L., ,■'7 ,,iorr .1 11 I i \\,\ I i y- : \ 7- AP II 1 di \ %.• "....D." e . / r.;, 1; , , , ..,., • / ..... /I) t):1 n 1 ', 1 ll if., \.1 if 1 ) /.` I, 1 'IN.------ 1 I 1 1 I :I 1 I I I 1 I/1 ..;;12 odd .44 ,s 5 9 t olSn do -AO , \ sda Page 26 • Z. PRELIMINARY DRAINAGE L WrILITY PLAN PRESBYTERIAN • HOMES !00,?....no,enrybeadon& tor. go ARCHITECTS Inc. as "1 $ 00 c44, of gwa c'asek MAYOR Raymond G. Hanson COUNCIL Beverly Scalze Bill Blesener Rick Co!lova Jim LaValle 515 Little Canada Road, Little Canada, MN 55117 -1600 ADMINISTRATOR (612) 484 -2177 / FAX: (612) 484-4538 Joel R. Hanson CITY OF LITTLE CANADA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Little Canada, Minnesota will meet at 515 Little Canada Road in the City Hall in Little Canada, Minnesota at 7:30 P.M. or as soon thereafter as parties may be heard on 23 September 1992 to consider the adoption of the following: 1. The establishment of a Municipal Development District and adoption of a Municipal Development District Program related thereto, pursuant to Minnesota Statutes 469.124 through 469.134. 2. The establishment of Housing Tax Increment Financing District No. 5 and adoption of a Tax Increment Financing Plan related thereto, pursuant to Minnesota Statutes 469.174 through 469.179. The City Council will consider assisting a 92 unit rental elderly housing project proposed to be constructed and managed by Presbyterian Homes of Minnesota. The City will consider a request for $700,000 in public assistance. The development parcel is located near the intersection of Little Canada Road and Rice Street. The property identification number is 06- 29- 22 -31- 0003 -2. The following is a map of the proposed Housing Tax Increment Financing District No. 5 and the proposed Municipal Development District. - MAP - The purpose of the public hearing is to obtain citizen view and input upon the proposed project. Written and oral comments will be taken. Copies of the Municipal Development District Program and Tax Increment Financing Plan are on file with the City Administrator and are available to the public at 515 Little Canada Road, Little Canada, Minnesota between the hours of 8:00 A.M. and 4:30 P.M., Monday through Friday. Joel R. Hanson, City Administrator Page 27 2100 (I cc.) (L97 ac) C• I95 ° 7 °P 00 (19) (20) (2) (22) (23) 8 i 7 6 5 4 2°I Pi31 L+1 95 .. • Col LABORE AVE '-10 50 (40 lair 1 L SZ d 6 5 k 4 I 3 2 (n) (as) (n) (S) (31) (32) 1(33 • 250 12_ 2.05• (tat'', 4.1xas.) (1o) .5 So._ On ■ BRYAN 29L 8153 9&60 ° 06) 20.15. 16 (e) i91 r (o0 (16) ROUND • < .3B OU T LO T Page 28 Diu Stray DOGiSOV Y)L� 481.02 (9) (10) (II) 1)1ASp1 1 (129 x N 1. d a 84. _ to p 9° /DI 1 9 1 8. /,z1 DRAFT - DRAFT - DRAFT CITY DEVELOPMENT DISTRICT PLAN FOR CITY DEVELOPMENT DISTRICT NO. AND TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 5 FOR GIDEON PONDS CENTER, INC. PROJECT PRESBYTERIAN HOMES OF MINNESOTA DEVELOPER CITY OF LITTLE CANADA OCTOBER, 1992 Page 29 TABLE OF CONTENTS Page CITY DEVELOPMENT PLAN 1 I. INTRODUCTION AND LEGAL BASIS 1 A. Statement of Intent 1 B. Statement of Public Purpose 1 C. Development District Boundary 1 D. Statement of Authority 2 II. DEVELOPMENT PROGRAM 2 A. Development Plan Objectives 2 B. Land Use 3 1. Current Use 3 2. Proposed Use 3 C. Development Activities 3 1. Public Activities 3 2. Private Activities 3 3. Developer Financing 4 4. City Project Financing 4 D. Development Contracts 4 E. Development Standards 4 F. Environmental Controls 5 G. Operation of Public Improvements 5 H. Administration of Project 5 I. Advisory Board 5 J. Creation of Open Space 5 K. Plan Modifications 6 TAX INCREMENT FINANCING 7 I. INTRODUCTION 7 II. STATEMENT OF OBJECTIVE 8 III. TAX INCREMENT FINANCING DISTRICT #5 8 IV. STATUTORY AUTHORITY AND DISTRICT ELIGIBILITY AS A HOUSING DISTRICT 9 A. Housing District 9 B. Housing District Income Requirements 9 C. Economic Necessity 10 D. Conformance with General Plans 10 1. Zoning Regulations 10 2. Land Use Plan 10 Page 30 CITY DEVELOPMENT PLAN I. INTRODUCTION AND LEGAL BASIS A. Statement of Intent The City of Little Canada, Minnesota (the "City ") proposes to adopt the City Development District No. Plan as its guide for the planning and implementation of project activities (as hereinafter described) within the set forth project area (see Exhibit A, Project Vicinity Map). The City proposes to enter an agreement with Gideon Ponds Center, Inc. (the Developer) to assist A 92 unit elderly housing project. B. Statement of Public Purpose The City has determined that there exists conditions within the set forth project area which have prevented further development of the land by private enterprise and have resulted in a stagnant and unproductive condition of land potentially useful and valuable for contributing to the public health, safety and welfare. It has been determined that there is a need for new development within the project area to provide employment opportunities, to improve the tax base, and to improve the general economy of the City and the State. It has been found that the project area is potentially more useful and valuable than has been realized under existing development. The site is currently vacant and under- utilized and is not contributing to the tax base to its full potential. The public purpose goals are not attainable in the foreseeable future without the participation of the City in the private development process. C. Development District Boundary or Project Area The boundaries of the City Development District No. are described as shown on the Development District Boundary Map, Exhibit B. The legal description of the City Development District No. _ is attached at Exhibit C of this plan. The project area is approximately 3.5 acres in size. All land included in the project area is within the legal boundaries of the City. 1 Page 31 B. Land Use 1. Current Land Use The proposed site is to be located within a Residential- Business Zoning District of the City of Little Canada. The property is vacant, surrounded by commercial and senior housing land uses. Little Canada Road, a major collector street, is just 200 feet from this property. The parcel is served by Market Place Drive which also serves several commercial uses in the immediate area. 2. Proposed Use The proposed development project will consists of a single building housing over 90 senior apartments. The City's Comprehensive Plan and Zoning Ordinance encourage senior housing in this area. The project is an allowed use in the R -B, Residential - Business Zoning District. The project will be developed in full conformance with the zoning district and general performance standards of the Little Canada Zoning Ordinance. C. Development Activities 1. Public Activities The City proposes to assist private development by: a. Site Improvements. The City proposes to pay for approximately $430,000 in sewer and water work, curbing, parking lot and landscaping, roads and walkways and building footings. b. Land Acquisition. The City proposes to pay approximately $270,000 in land acquisition cost in order to provide the development site to the developer at a nominal price. 2. Private Activities Presbyterian Homes of Minnesota has proposed to develop a 92 unit elderly housing project on a currently vacant and underutilized parcel. The development site is a 3.5 acre parcel near the intersection of Rice Street and Little Canada Road (see Exhibit A - Project Vicinity Map). The intended occupancy is for low- moderate income 3 Page 32 1. Degree to which development objectives are provided for or enhanced. 2. Consistency with this plan and the Comprehensive Plan. 3. Developer's ability to perform both from a standpoint of financial ability to perform and the necessary experience and expertise to complete the proposed development. Developer should review the City's Tax Increment Financing Policy Statement for a complete description of the Tax Increment Development Standards. F. Environmental Controls It is presently anticipated that the proposed development in the project area will not present major environmental problems. All municipal actions, public improvements, and private development will be carried out in a manner that will comply with applicable environmental standards. The environmental controls to be applied within the area are contained within the codes and ordinances of the City of Little Canada. There are no properties on the National Register of Historic Places within the project area. G. Operation of Public Improvements All public improvements constructed under the provisions of this District shall be operated by the City. H. Administration of Project The City shall retain within the City Council all the administrative responsibilities authorized under Minnesota Statutes, Section 469.131. I. Advisory Board The City elects not to establish an advisory board pursuant to Minnesota Statutes 469.132. J. Creation of Open Space This development program does not provide for any open space to be created. 5 Page 33 TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT 5 I. INTRODUCTION The City of Little Canada ( "City ") proposes to capture the increase in tax capacity valuation and the resulting increase in real property taxes on improvements within the following described Tax Increment District No. 5 as authorized in Minnesota Statutes Sections 469.174 to 469.179 (the TIF Act). A. Project Description Presbyterian Homes of Minnesota has proposed to develop a 92 unit elderly housing project on a currently vacant and underutilized parcel. The development site is a 3.5 acre parcel near the intersection of Rice Street and Little Canada Road (see Exhibit A - Project Vicinity Map). The intended occupancy is for low- moderate income persons 62 years of age and older. The rents will be within the Department of Housing and Urban Development fair market rents for the Twin Cities Metropolitan Area. Construction is expected to begin in the fall of 1992 with occupancy in the Spring of 1993. The estimated total project costs is $4.9 million dollars. The City's proposed level of financial assistance is $700,000 or 14% of the total development costs. Development Program 1. Site Improvements The Developer has requested $700,000 in public assistance to pay for sewer and water costs, curbing, parking lot improvements, landscaping, land acquisition, roads and walks, SAC and WAC fees and building footings. 2. Contracts Entered Into The City intends to enter into a development agreement with Gideon Ponds Center, Inc., a 501 C -3 non - profit housing corporation affiliated with Presbyterian Homes of Minnesota. The agreement will commit Gideon Ponds Center, Inc. to develop a 92 unit elderly housing facility with certain guarantees. The City will be obligated to expend 7 Page 34 IV. STATUTORY AUTHORITY AND DISTRICT ELIGIBILITY AS A HOUSING DISTRICT A. Housing District The District is a "Housing District" pursuant to Minnesota Statutes, Chapter 469.174, Subdivision 11. "Housing district" means a type of tax increment financing district which consists of a project, or a portion of a project, intended for occupancy, in part, by persons or families of low and moderate income, as defined in Chapter 462A, Title II of the National housing Act of 1934, the National Housing Act of 1959, the United States Housing Act of 1937, as amended, Title V of the Housing Act of 1949, as amended, any other similar present or future federal, state, or municipal legislation, or the regulations promulgated under any of these acts. A project does not qualify under this subdivision if the fair market value of the improvements which are constructed for commercial uses or for uses other than low and moderate income housing consists of more than 20 percent of the total fair market value of the planned improvements in the development plan or agreement. The fair market value of the improvements may b,e determined using the cost of construction, capitalized income, or other appropriate method of estimating market Value. The proposed 92 unit project is a 100% residential project, with no portion intended for commercial uses. B. Housing District Income Requirements In compliance with Minnesota Statutes 469.176 1 the proposed project will comply with the following income requirements: The property must satisfy the income requirements for a qualified residential rental project as defined in Section 142 (d) of the Internal Revenue Code. A property also satisfies the requirements of Section 142 (d) if 50 percent of the residential units in the project are occupied by individuals whose income is 80 percent or less of area median gross income. The requirements apply for the duration of the tax increment financing district. Failure to comply with the requirements results in application of the duration limits for economic development districts to the district. If at the time of the noncompliance the district has exceeded the duration limits for an economic development district, the district 9 Page 35 V. FINANCING PLAN A. Estimated Public Development Cost The following costs estimate the City's expenses with regards to their participation in the Gideon Ponds Center, Inc. Housing Project: 1. Budget Land Acquisition 270,000 Site Improvement 430,000 Developer Assistance 700,000 Administration /Legal 70,000 TOTAL PROJECT EXPENSE 770,000 The items of cost and the costs thereof shown above are estimated to be necessary based upon the qualified appraisers, consultants, legal and cost information now available. It is anticipated that the items of cost and the costs thereof shown in each category above may decrease or increase, but that the total project cost will not exceed the amount shown above. The total administrative expense is defined in Minnesota Statutes Section 469.176, Subd. 3 of the TIF Act and is estimated to be $70,800, which amount does not exceed 10% of the total tax increment expenditures. B. Source of Revenue and Tax Increment Calculation The City proposes to capture the tax increments generated by the proposed housing project to pay obligated project expenses. No ad valorem tax levy is necessary to finance the City's obligations. No City general obligation bonds will be sold to finance the City's obligation. 1. Tax Increment Calculation The project assessor estimated that the proposed facility will have an estimated market value of $4,900,000 generating approximately $118,377 in annual taxes. These were computed as follows: 11 Page 36 the tax increment financing direct proportion to their rates. 4. Amend the TIF District Plan District Plan. E. Duration of the District district is located, in respective tax capacity. and /or City Development It is estimated that the District will remain in existence until September 2117, or until the City's obligation to pay the project expenses has been discharged in accordance with the resolution authorizing the issuance of the debt. In no event will the TIF District exist more than 25 years from the receipt of the first increment, which is expected to be in 1994. it is estimated that the tax increment financing district, including any modifications or changes, will terminate September 2117. F. Election as to Increment The City finds it necessary to receive 1000 of the captured Tax Capacity Value, to produce sufficient tax increments to fund project expenses in least amount of time. G. Fiscal Disparities The City elects the method of tax increment computation set forth in Section 469.177, Subd. 3, Clause a. The contribution ratio of the municipality is not applied to commercial- industrial property inside a tax increment district, but the contribution these properties would otherwise make would be spread on commercial - industrial properties outside the district. Therefore, the total amount of captured tax capacity is available for tax increment debt retirement. H. Estimated Impact on Other Tax Jurisdictions The taxing jurisdictions within which the District is located will continue to receive taxes as if no new development were to occur with the current tax capacity valuation neither increasing nor decreasing. The City will receive all taxes derived from the increased tax capacity valuation above the adjusted base. This precludes the jurisdictions from receiving tax increases due to the Project, inflation, other than base inflation, or other development of the taxable property in the District. As Exhibit D indicates, this property 13 Pp 37 C. Limitation on Duration of Tax Increment Financing Districts No tax increment shall be paid to an authority for a tax increment financing district after three years from the date of certification of the original net tax capacity of the taxable real property in the district by the County Auditor, unless within the three year period (1) bonds have been issued in aid of the project containing the district pursuant to Section 469.178, or any other law, except revenue bonds issued pursuant to Sections 469.152 to 469.165, or (2) the authority has acquired property within the district, or (3) the authority has constructed or caused to be constructed public improvements within the district. The City may therefore issue bonds, or acquire property, or construct or cause public improvements to be constructed by 1995 or the office of the County Auditor may dissolve the tax increment financing district. D. Limitation on Qualification of Property Tax Increment District Not Subject to Improvement Pursuant to Minnesota Statutes, Section 469.176, Subd. 6, "if, after four years from the date of certification of the original net tax capacity of the tax increment financing district..., no demolition, rehabilitation or renovation of property or other site preparation including qualified improvement of a street adjacent to a parcel but not installation of utility service including sewer or water systems, has been commenced on a parcel located within the tax increment financing district by the Authority or by the owner of the parcel in accordance with the tax increment financing plan, no additional tax increment may be taken from the parcel and the original net tax capacity value of that parcel shall be excluded from the original net tax capacity value of the tax increment financing district. If the Authority or the owner of the parcel subsequently commences demolition, rehabilitation or renovation or other site preparation on that parcel including qualified improvement of a street adjacent to that parcel, in accordance with the tax increment financing plan, the Authority shall certify to the County Auditor that the activity has commenced, and the County Auditor shall certify the tax capacity value thereof as most recently certified by the Commissioner of Revenue and add it to the original net tax capacity of the tax increment financing district. The evidence for a parcel must be submitted to the County Auditor by February 1 of the fifth year following the year in which the parcel was certified as included in the district. 15 Page 38 2. The captured tax capacity value of the district, including the amount of any captured tax capacity value shared with other taxing districts; 3. The outstanding principal amount of bonds issued or other loans incurred to finance project costs in the district; 4. For the reporting period and for the duration of the district, the amount budgeted under the tax increment financing plan, and the actual amount expended for, at least, the following categories: a. Acquisition of land and buildings through condemnation or purchase; b. Site improvements or preparation costs; c. Installation of public utilities or other public improvements; d. Administrative costs, including the allocated cost of the authority; 5. For properties sold to developers, the total cost of the property to the Authority and the price paid by the Developer; 6. The amount of tax exempt obligations, other than those reported under clause (3), that were issued on behalf of private entities for facilities located in the district. The annual disclosure report is designed to be a two -way medium of information dissemination for both the office of the County Auditor and the City. Should the Auditor want additional information, such information should be requested prior to submission of the annual disclosure report by the City. Similarly, the City Council may utilize the annual disclosure report as a means for requesting information from the office of the County Auditor. The City must also file the annual report to the Minnesota Commissioner of Revenue as required under Minnesota Statutes, Section 469.175, Subd. 6. (a) . 17 Page 39 rhl. map I. for planning purpo..s only and should not e• us.d wan paella measurement I. required. [rthwest Associated Consultants, inc. Page 40 Exhibit A Project Vicinity Map ta;.■11 3 terain 2 \; LLI ir .ti ....• .. ,e ,t{dat, .. ciN 1 • e n: • - 1...ij I.; '''''• 1: Cr•ri !... ;it! et. ‘:1.:Y, • .. i C' te'. '' tt... 11, 1 '■i...:.,,, ‘—ir . .•• • • . ”"'FIRST BANK DR. c.4, .C5 I. .0 elf.“ 44.4) '11 •••1•1 ,t..t.,St ' ./. ill ' ' •• Ltj I: (4 ... .1 "......, (B) . 1 .1 4,7 t& I N.S.' Tjv octu) A . • ,L,L2-11 °('D frei S.T7. Page 41 Exhibit B Development District Boundary Map PIN# 06- 29- 22 -31- 0003 -2 MARKET PLACE DRIVE EXHIBIT D IMPACT ON TAXING JURISDICTION IN THE TAX INCREMENT FINANCING DISTRICT NO. IN DEVELOPMENT DISTRICT NO. 2 BY PRESBYTERIAN HOMES ELDERLY HOUSING LITTLE CANADA, MINNESOTA 1991 -92 Total Tax Capacity Increased Jurisdiction Valuation Tax Capacity %if Total City of Little 7,291,888 81,220 1.10 Canada School District 623 46,218,633 81,220 0.175 School District 916 172,283,100 81,220 Ramsey County 361,281,921 81,220 *Frozen tax capacity = 7,472 0.047 0.022 ESTIMATED TAX CAPACITY RATE IMPACT $108,406 ANNUAL TAX INCREMENT 1991 -92 Capacity Jurisdiction Rate City of Little 19.460 Canada School District 623 65.796 School District 916 .880 Ramsey County 42.175 Miscellaneous 4.976 133.470 Distribution of Percent Tax Increment of Total to Individual Capacity Jurisdiction 14.75 15,958 49.30 .07 31.60 3.73 100.01 53,444 76 34,256 4,044 108,406 Page 42 2.2 % of Total Tax Capacity Available For Normal Growth 98.9 99.825 99.953 99.978 Potential Tax Capacity Impact of TIF 0.050 0.115 0.009 �+ V - cKeritezek 515 Little Canada Road, Little Canada, MN 55117 -1600 (612) 484-2177 / FAX: (612) 484 -4538 MEMORANDUM TO: Mayor Hanson and City Council Members FROM: Joel R. Hanson, City Administrator DATE: September 18, 1992 RE: Development Agreement For Presbyterian Homes Project MAYOR Raymond G. Hanson COUNCIL Beverly Scalze Bill Blesener Rick Collova Jim LaValle ADMINISTRATOR Joel R. Hanson Mary Ipple, Dan Wilson, and I will be meeting on Tuesday morning to discuss the special provisions of the development agreement with Presbyterian Homes. Some of these conditions are as follows: * Economy of scale savings by combining the two tax exempt bond issues will accrue to the benefit of the Little Canada Project; specifically the rent schedule. * Fund raising dollars will accrue solely to the benefit of the Little Canada Project in terms of reducing rents. * Project savings whereby actual costs are compared to estimated costs will be utilized to lower rents in the project. Control of fees to be paid by the project will be documented. The exact wording of these provisions will be handled at that meeting. Presbyterian Homes has indicated agreement in principal to these concepts. To facilitate sale of the bond issue, they would like to get the development agreement approved as soon as possible. This requires that we either approve the agreement in concept authorizing the Mayor and City Administrator to sign the agreement pending approval by Bond Counsel, City Attorney, and the City Administrator. The other alternative would be to call for a special meeting at which the agreement would be reviewed in final draft form and have the Council approve it at that time. It would be preferred that this meeting would be held no later than September 28th. The Council should decide how they would like to approach this matter. Page 43 Little Canada, Minnesota APPLICATION FORM N9 609 PAID 4y0Q J� Rec. No Comprehensive Plan Amendment /Conditional Use Permit Zoning District Amendment Variance Text Amendment Subdivision Other Planned Unit Development Plan Review Applicant &51 4e.Ta / Tn-e. Lf•71/4C0_.%` 3o // dott■,-/ay DR, /-e 4127 -,Q 67 (Name) (Address) 55-//7 (Phone) Owner J47nl /'f ? -31.4.4 "--75"--- /q�99,..fret• -o »,n- y3azS £Jt$ 35-oi (Name) (Address) (Phone) Property Location (Street Address and Legal Description): 3 d 1 / /OGt n t7cy Ate Ti-t/-e- telebrnt-opili ?o,ae eTY �• " 040)5%2 211 COO Description and /or Reason for Request (Cite Ordinance Sections): /tt' Arlin /e/ L / ice 7) 4-1f di✓ / ,rs A/a) /79,1n dA a4.47, d, 6o l..y wit/ a.- 99,47 In signing this application, I hereby acknowledge that I have read and fully understand the applicable provisions of the Zon- ing and Subdivision Ordinances and current administrative procedures. I further acknowledge the fee explanation as outlined in the application procedures and hereby agree to pay all statements received from the City pertaining to additional applica- tion expense. Page 44 Awe, ,Sid,- Ignature of Applicant) (Date) WHITE- Office CANARY- Customer PINK -File GOL Planner SC) Sin) ,_ ,9Z c+ 9994cJaat MAYOR Raymond G. Hanson COUNCIL Beverly Scalze Bill Blesener Rick Collova Jim LaValle 515 Little Canada Road, Little Canada, MN 55117 -1600 ADMINISTRATOR (612) 484 -2177 / FAX: (612) 484-4538 Joel R. Hanson PROPOSAL: CITY OF LITTLE CANADA NOTICE OF PUBLIC HEARING AMENDMENT TO CONDITIONAL USE PERMIT Request for an amendment to an existing Conditional Use Permit to allow auto repair in the Industrial (I -1) District. PROPERTY LOCATION: Best Auto & Tire Center, Inc. 3011 Country Drive Little Canada, MN 55117 APPLICANT & PROPERTY OWNER: PLANNING COMMISSION: CITY COUNCIL: James Burton 19699 Forest Blvd. Forest Lake, MN 55025 The Little Canada Planning Commission will be reviewing this matter at their September 10, 1992 meeting. The meeting begins at 7:30 P.M. and will be held in the Council Chambers of the City Center located at 515 Little Canada Road in said City. Notice is hereby given that a Public Hearing will be held by the City Council on Wednesday, September 23, 1992 at 7:30 P.M., or as soon thereafter as parties may be heard, in the Council Chambers of the City Center located at 515 Little Canada Road in said City. All persons with reference to this matter will be heard during the Planning Commission meeting on Thursday, September 10, 1992 and the City Council meeting on Wednesday, September 23, 1992. Sign language interpreters for hearing- impaired persons are available for public hearings upon request. The request for this service must be made at least 96 hours in advance. Please call to make the necessary arrangements. Joel R. Hanson City Administrator Page 45 ,x-4,. . Page 46 State of MN Trust Exempt 109 Court House St. Paul, MN 55117 06- 29 -22 -11 -0002 06- 29 -22 -11 -0014 James & Susan Burton 19699 Forest Blvd. N. Forest lake, MN 55025 06- 29 -22 -11 -0016 Best Auto & Tire Center 3011 Country Drive Little Canada, MN 55117 06- 29 -22 -11 -0016 John & Sharon Larsen 1122 Edgewater Street Arden Hills, MN 55112 06- 29 -22 -11 -0018 Robert DeBace Gordie Howe 127 County Road C Little Canada, MN 55117 06- 29 -22 -11 -0017 North Star Estates P. 0. Box 2386 No. St. paul, MN 55102 -0386 06- 29 -22 -12 -0005 D & H Enterprises 3570 Lexington Ave. N. #321 St. Paul, MN 55126 06- 29 -22 -12 -0005 State of MN Trust Exempt 109 Court House St. Paul, MN 55117 06- 29 -22 -12 -0006 Dennis & Patricia O'Connell 2989 Country Drive St. Paul, MN 55117 06- 29 -22 -14 -0002 Quebec Partners c/o Ted Zinner 1570 Delaware Ave. West St. Paul, MN 55118 06- 29 -22 -14 -0003 City of Little Canada 06- 29 -22 -14 -0001 Northumberland Associates 1690 University Ave. W. St. Paul, MN 55104 -3729 06- 29 -22 -13 -0017 FAc Northwest Associated Consultants, Inc. U R B A N P L A N N I N G • D E S I G N • M A R K E T R E S E A R C H PLANNING REPORT TO: Little Canada Planning Commission FROM: Stephen Grittman DATE: 4 September 1992 RE: Little Canada - Best Auto CUP Amendment FILE NO: 758.09 - 92.28 BACKGROUND Best Auto and Tire Center is requesting an amendment to their conditional use permit to allow an expansion to their facility on Country Drive. The area is zoned I -1. Such facilities are allowed by CUP in this zone, subject to compliance with performance standards. ANALYSIS The use is within the requirements of the I -1 District. The site is to be paved, curbed, and include sixteen parking spaces. The plan shows fifteen, but can easily be modified to add one space. We have illustrated this change on the plan. Our primary concern on this proposal is with the rear setback. The I -1 District requires a 20 foot setback from the rear building line. In our initial review, we mistook the drawing's dimension line for a property line, which appeared to show an acceptable setback. However, the actual setback is drawn closer to about six feet, substantially in violation. This site plan must be redesigned to show compliance with the rear setback before any approvals are considered. Page 47 5775 Wayzata Blvd. • Suite 555 • St. Louis Park, MN 55416 • (612) 595- 9636•Fax. 595 -9837 RECOMMENDATION We recommend tabling of this proposal subject to resubmission of a site plan with building setbacks in compliance with the Zoning Ordinance requirements. pc: Kathy Glanzer John Palacio Jim Burton 2 Page 48 Nd1d 10-1d 158' — 0" 10'— 0" D Z Z mw { X OI m0 c K 0 0 20'— 0'• S D Z 0 0 A H0V021ddV 'ON00 N 0 m0 D 0 X Z 0 159.-0" ONI0l1f19 ONI1SISX3 .Clx.06x.Zti COUNTRY DRIVE Page 49 Ero O 6'- 10 1/2" 7 1' 27'- 9" NOTES: OVER ALL DIMENSIONS ARE 28'x60'x9' THIS AREA IS INSUL. W/ 4' BLANDX & REST STEEL EXSISTIN 42'x90'x BUILDINC- OFFICE AREA 28'x10'x9' WALLS 1/2" SHEETROCKED BY OWNER OFFICE AREA CEILING STEEL W/ INSUL. & NSUL WALLS 36" OVERHANG ON FRONT ONLY. (SIDE w/ DOORS) 3/0 24" OVERHANG ON ALL OTHER SIDES 0 N 9 LIT 0 c) to N FULL LENGHT VENTED RIDGE BUMPER POLES ON BOTH SIDES OF EACH OVERHEAD. (4 POLES IN ALL) 9'x7' OVERHEAD W/ 2 LITES 9'x7' OVERHEAD W/ 2 LITES m 0 M 0 0) BOOKSHELF THIS `/ WALL ONLY r—. - -- - -= t __ C-3 /0 SERVICE 45"x36" CHECK W /OWNER WINDOW"---a BI ON LOCATION 3/0 9 -LITE -, OFFICE AREA Page 50 45 "r.36" WINDOW -t I NIN micau . y c EXSISTING BUILDING N O W -J W W O VI Page 51 ce+ - X4/14 ceeraaek 515 Little Canada Road, Little Canada, MN 55117-1600 (612) 484 -2177 / FAX: (612) 4844538 August 13, 1992 Mr. Bob Matson North Suburban Youth Association P. 0. Box 131253 Roseville, MN 55113 Re: Premise Permit - North Suburban Youth Association Dear Mr. Matson: MAYOR Raymond G. Hanson COUNCIL. Beverly Scalze BN Blesener Rick Collova Jim LaValle ADMINISTRATOR Joel R. Hanson It has come to our attention that the North Suburban Youth Association is currently operating a second night of bingo at the Little Canada Bingo Hall. Please be advised that the City of Little Canada considers this to be an amendment to your Premise Permit, which requires approval of the City Council. Therefore, it is necessary for you to make application for this amendment. If you have any questions, please feel free to contact me. Sincerely, 47.„Th R. Hanson ty Administrator Page 52 sea. 0 CITY OF LITTLE CANADA RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT EDGERTON STREET WATERMAIN IMPROVEMENT WHEREAS, Pursuant to a resolution of the Council adopted March 25, 1992, a report has been prepared by the City Engineer with reference to the improvement of Edgerton street between the north line of Little Canada Road and the south line of County Road D, and this report was received by the Council on September 23, 1992. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LITTLE CANADA, MINNESOTA: 1. The Council will consider the improvement of such street in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $ 2. A public hearing shall be held on such proposed improvement on the day of , 1992 in the Council Chambers of the City Center at 7:30 P.M. and the City Administrator shall give mailed and published notice of such hearing and improvement as required by law. Adopted by the Council this 23rd day of September, 1992. Raymond G. Hanson, Mayor Joel R. Hanson, City Administrator Page 53 CITY OF LITTLE CANADA RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT VANDERBIE /ALLEN AVENUE STREET & UTILITY IMPROVEMENT WHEREAS, Pursuant to a resolution of the Council adopted , a report has been prepared by the City Engineer with reference to the improvement of Vanderbie Street and Alien Avenue, and this report was received by the Council on September 23, 1992. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LITTLE CANADA, MINNESOTA: 1. The Council will consider the improvement of such street in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $ 2. A public hearing shall be held on such proposed improvement on the day of , 1992 in the Council Chambers of the City Center at 7:30 P.M. and the City Administrator shall give mailed and published notice of such hearing and improvement as required by law. Adopted by the Council this 23rd day of September, 1992. Raymond G. Hanson, Mayor Joel R. Hanson, City Administrator Page 54 tr. ��SnnTA 2T EE OA�F EPARTMENT OF NATURAL RESOURCES 500 LAFAYETTE ROAD • ST. PAUL, MINNESOTA • 55155-40 DNR INFORMATION (612) 296 -6157 August 24, 1992 The Honorable Raymond Hanson Mayor, City of Little Canada 515 Little Canada Road St. Paul, MN 55117 0 Dear Mayor Hanson: NOTICE TO ADOPT REVISED STATEWIDE SHORELAND MANAGEMENT RULES On July 3, 1989, the revised Statewide Standards for "Management of Shoreland Areas" rules became effective (Minnesota Rules Part 6120.2500 - 6120.3900). Under the authority of Minnesota Rules Part 6120.2800, Subp. 2, you are hereby notified that your City /County must upgrade its land use controls or shoreland ordinance by September 1, 1994, to comply with the new rules. The rules were developed through a consensus process by 23 groups representing diverse interests from agriculture and environment to local and state governmental agencies including the Department of Natural Resources. A series of ten hearings before an Administrative Law Judge in the fall of 1988 completed the public review process. Notification and grant authorization is limited to counties and cities. Counties with townships currently administering local zoning controls should notify their townships of the need to adopt compliant shoreland ordinances and other land use controls (floodplain, wild and scenic rivers) at the same time that the county upgrades its ordinance. This will allow the Townships to maintain their zoning independence, if they so desire. Grant money is available to assist the county in coordinating with its townships and municipalities that are also at work in adopting the new rules. The Legislature has provided grant monies to assist local units of government in adopting the new shoreland rules. A grant application form is enclosed. Please return the completed form by October 1, 1992, to Ed Fick, Shoreland Hydrologist, DNR- Division of Waters, 1200 Warner Road, St. Paul, MN 55106, (612) 772 -7910. Page 55 AN EQUAL OPPORTUNITY EMPLOYER Page Two The Shoreland Hydrologist is your primary contact for the grant application, contract, eligible expenses, and related questions. Area Hydrologist, Molly Shodeen, will be your primary contact when it comes to the actual work of revising your zoning ordinance. Please feel free to call upon them for assistance. A series of Shore land Workshops will be scheduled for Spring, 1993, to acquaint local units of government with the new rules and local requirements. Your zoning administrator will receive further information on the workshops once details have been arranged. Sincerely, DIVISION OF W Paul Swenson, Acting Administrator Permits and Land Use Section PS /OS:fw Enclosures cc: Ed Fick, Shoreland Hydrologist John Stine, Regional Hydrologist Molly Shodeen, Area Hydrologist Annette Freeman, City Clerk/Zoning Administrator Pam Albrecht Page 56 DIVISION OF WATERS !.SON NON( M.. ADMINISTRATIVE REGIONS AND AREAS BEMIDJI • NORMAN CAS CROW w,NG AALTON DULUTH F: RGUS FALLS • OTTERT•IL GrLne_ BRA/NERD E • • 4.• 5W SPIC REWA LAC OVI PAR kHv Ilk • REGIONAL OFFICE — REGIONAL BOUNDARY • AREA OFFICE - -- AREA BOUNDARY PAUL r4 1. 14-`) v • W MEDICINE L � J 1 1 1 � 1 SISlEY • I ` COLLET HALL; •,, 000 _NEW U 1 I- ;MANKA 0 1 KE CITY MVRRAV OTTONWOOO ,rapauti., el' 0 EARTH WA ( I ROCK NOBLES JACKSON MARTIN c Ja,e AVI! (OVER) Page 57 MOWER CUSTOM revised 5/92 STATE OF MINNESOTA DEPARTMENT OF NATURAL RESOURCES SHORELAND GRANT APPLICATION WHEREAS, the State, as provided by Minnesota Statutes 103F.201 -221 and Minnesota Rules parts 6120.2500 through 6120.3900 pertaining to Statewide Standards for "Management of Shoreland Areas "; and WHEREAS, the State is authorized by the Laws of 1991, Chapter 254, Section 5, Subd 3 to provide grant assistance for Cities to adopt a shoreland management ordinance consistent with statewide standards. NOW THEREFORE, subject to available funding, it is hereby requested by the City of that an agreement be entered into by the State of Minnesota, acting by and through the Commissioner of Natural Resources and the City of , to provide grant money assistance up to $5,000.00 matching fund dollars, for the purposes of adopting a shoreland management ordinance consistent with statewide standards. BY: Mayor DATE: Page 58 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT IMPROVEMENT NO. 92 -4 TWIN LAKE BLVD. SHOULDER PAVING IMPROVEMENT WHEREAS, A contract has been let for the improvement of the Twin Lake Blvd. area which lies between the intersections of Vadnais Blvd. by shoulder paving and the contract price for such improvement is $4,026.00, and the expenses incurred or to be incurred in making of such improvement amount to $500.00 so that the total cost of the improvement will be $4,526.00. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LITTLE CANADA, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $905.20 and the portion of the cost to be assessed against benefited property owners is declared to be $3,620.80. 2. Assessments shall be payable in equal annual installments extending over a period of one year, the first of the installments to be payable on or before the first Monday in January, 1993, and shall bear interest at a rate of 5 percent per annum from the date of the adoption of the assessment resolution. 3. The City Administrator, with the assistance of the City Engineer (Consulting Engineer) shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. Adopted by the Council this 23rd day of September, 1992. Page 59 RESOLUTION CALLING PUBLIC HEARING ON PROPOSED ASSESSMENT IMPROVEMENT NO. 92 -4 TWIN LAKE BLVD. SHOULDER PAVING IMPROVEMENT WHEREAS, The City Administrator is directed to prepare a proposed assessment of the cost of improving Twin Lake Blvd. between the intersections of Vadnais Blvd. by shoulder paving improvement. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF LITTLE CANADA, MINNESOTA 1. A hearing shall be held on the 14th day of October, 1992 in the City Center at 7:30 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Administrator is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the improvement. He shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. 3. The owner of any property so assessed may, at any time prior to certification of the assessments to the County Auditor, pay the whole of the assessment of such property, with interest accrued to the date of payment, to the City, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. He may at any time thereafter, pay to the County the entire amount of the assessment remaining unpaid, with interest accrued to December 31st of the year in which such payment is made. Such payment must be made before November 15th or interest will be charged through December 31st of the succeeding year. Adopted by the Council this 23rd day of September, 1992. Page 60 TWIN LAKE BLVD. PROJECT COSTS Contract $4,026.00 Administration 500.00 Total $4,526.00 80% _ $3,620.80 20% _ $905.20 Page 61 c‘40, Y9414 cek 515 Little Canada Road, Little Canada, MN 55117 -1600 (612) 484 -2177 / FAX: (612) 484 -4538 September 18, 1992 TO: Mayor Hanson and Members of the City Council FROM: Joel R. Hanson, City Administrator RE: LaBore Road Improvement Project MAYOR Raymond G. Hanson COUNCIL Beverly Scalze Bill Blesener Rick Collova Jim LaValle ADMINISTRATOR Joel R. Hanson Due to the deadlines that must be met in certifying assessments at Ramsey County, and the fact that the LaBore Road project will only just be getting underway, it is my recommendation that assessment of this improvement not take place until 1993. Page 62 Extract of Minutes of a Meeting of the City Council of the City of Little Canada, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Little Canada, Minnesota was duly held at the City Hall in said City on Wednesday, the 23rd day of September, 1992, at o'clock _.M. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE ISSUANCE OF COMMERCIAL DEVELOPMENT REVENUE REFUNDING BONDS TO REFINANCE A PROJECT UNDER MINNESOTA STATUTES, CHAPTER 469 (BRECKENRIDGE ASSOCIATES PROJECT) The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 225423 Page 63 RESOLUTION AUTHORIZING THE ISSUANCE OF COMMERCIAL DEVELOPMENT REVENUE REFUNDING BONDS TO REFINANCE A PROJECT UNDER MINNESOTA STATUTES, CHAPTER 469 (BRECKENRIDGE ASSOCIATES PROJECT) BE IT RESOLVED by the Council of the City of Little Canada, Minnesota (the "City "), as follows: 1. The Council has received a proposal from Breckenridge Associates, a Minnesota general partnership (the "Company ") that the City undertake to refinance in whole or in part the costs of a certain Project, as herein described, pursuant to Minnesota Statutes, Sections 469.152 through 469.165 (the "Act "), through issuance by the City of its Commercial Development Revenue Refunding Bonds, Series 1992 (Breckenridge Associates Project) (the "Bonds "), not to exceed $940,000 and in accordance with a Bond Purchase Agreement (the "Purchase Agreement ") between the City, the Company and Miller, Johnson & Kuehn (the "Underwriter "). 2. The proceeds of the Bonds will be used by the Company to refund the outstanding principal balance of its Commercial Development Revenue Bonds, Series 1984 (Breckenridge Associates, Project) which were issued to finance the approximately 31,272 square foot building and related improvements and to discharge the Indenture relating thereto (hereinafter referred to collectively as the "Project "). 3. It is proposed that, pursuant to a Loan Agreement to be dated as of October 1, 1992, between the City as Lender and the Company as Borrower (the "Loan Agreement "), the City loan the proceeds of the Bonds to the Company to refinance the cost of the Project. The basic payments to be made by the Company under the Loan Agreement are fixed so as to produce revenue sufficient to pay the principal of, premium, if any, and interest on the Bonds when due. It is further proposed that the City assign its rights to the basic payments and certain other rights under the Loan Agreement to (the "Trustee ") as security for payment of the Bonds under an Indenture of Trust to be dated as of October 1, 1992 (the "Indenture "). The Company will grant a mortgage and security interest in the Project to the Trustee pursuant to a Mortgage and Security Agreement to be dated as of October 1, 1992 (the "Mortgage ") and to further secure the payment of the Bonds and the interest thereon, has entered into an Assignment of Leases and Rents, to be dated as of October 1, 1992 (the "Assignment "). The obligations of the Company under the Loan Agreement and the payment of the Bonds, are guaranteed 225423 2 Page 64 by Donald R. Rue and Ardys Y. Rue, husband and wife, pursuant to a Guaranty Agreement to be dated as of October 1, 1992 in favor of the Trustee for the benefit of the Bondholders (the "Guaranty "). The Bonds will be publicly offered by the Underwriter pursuant to an Official Statement to be dated on or prior to the bond closing (the "Official Statement "). 4. Pursuant to the preliminary approval of the Council, forms of the following documents have been submitted to the Council for approval: 225423 (a) The Loan Agreement. (b) The Indenture. (c) The Mortgage (not executed by the City). (d) The Assignment (not executed by the City). (e) The Purchase Agreement. (f) The Official Statement (not executed by City). (g) The Guaranty (not executed by the City). 5. It is hereby found, determined and declared that: (a) the issuance and sale of the Bonds, the execution and delivery by the City of the Loan Agreement, the Purchase Agreement and the Indenture, and the performance of all covenants and agreements of the City contained in the Loan Agreement, the Purchase Agreement and Indenture and of all other acts and things required under the constitution and laws of the State of Minnesota to make the Loan Agreement, the Purchase Agreement, Indenture and Bonds valid and binding obligations of the City in accordance with their terms, are authorized by the Act; (b) it is desirable that the Bonds be issued by the City upon the terms set forth in the Indenture; (c) the basic payments under the Loan Agreement are fixed to produce revenue sufficient to provide for the prompt payment of principal of, premium, if any, and interest on the Bonds issued under the Indenture when due, and the Loan Agreement, Mortgage and Indenture also provide that the Company is required to pay all expenses of the operation and maintenance of the Project, including, but without limitation, adequate insurance thereon and insurance 3 Page 65 against all liability for injury to persons or property arising from the operation thereof, and all taxes and special assessments levied upon or with respect to the Project premises and payable during the term of the Loan Agreement, Mortgage and Indenture; and (d) under the provisions of Minnesota Statutes, Section 469.162, and as provided in the Loan Agreement and Indenture, the Bonds are not to be payable from or charged upon any funds other than the revenue pledged to the payment thereof; the City is not subject to any liability thereon; no holder of any Bonds shall ever have the right to compel any exercise by the City of its taxing powers to pay any of the Bonds or the interest or premiums thereon, or to enforce payment thereof against any property of the City except the interests of the City in the Loan Agreement which have been assigned to the Trustee under the Indenture; the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable upon any property of the City except the interests of the City in the Loan Agreement which have been assigned to the Trustee under the Indenture; the Bonds shall recite that the Bonds are issued without moral obligation on the part of the state or its political subdivisions, and that the Bonds, including interest thereon, are payable solely from the revenues pledged to the payment thereof; and, the Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. 6. Subject to the final approval of the City Attorney and the provisions of paragraph 10 hereof, the forms of the Loan • Agreement, the Purchase Agreement and Indenture and exhibits thereto and all other documents described in paragraph 11 hereof are approved substantially in the form submitted except as otherwise provided in paragraph 10 hereof. The Loan Agreement and Indenture, in substantially the form submitted, are directed to be executed in the name and on behalf of the City by the Mayor and the City Administrator. The Purchase Agreement and any other documents and certificates necessary to the transaction described above shall be executed by the appropriate City officers. Copies of all of the documents necessary to the transaction herein described shall be delivered, filed and recorded as provided herein and in said Loan Agreement and Indenture. 7. The City hereby finds that the information in the section of the Official Statement captioned "The Issuer" does not contain any untrue statement of a material fact or omit to state any fact which is necessary to make the statements made therein not misleading and hereby approves in substantially the form submitted to the City Council at this meeting such information 225423 4 Page 66 for inclusion in the Official Statement; and the City hereby ratifies, confirms and consents to the use of said section in the final Official Statement to be used in connection with the sale of the Bonds. The City has not prepared nor made any independent investigation of the information contained in the Official Statement other than the section therein captioned "Issuer," and the City takes no responsibility for such other information. 8. The City shall proceed forthwith to issue its Bonds, in the form and upon the terms set forth in the Indenture with the principal amount and rates established as provided in this paragraph. The offer of the Underwriter to purchase the Bonds at par at the interest rate or rates per annum as the Mayor, the City Administrator, the Underwriter, and the Company shall agree to, but not to exceed more than % per annum is hereby accepted. The Mayor and City Administrator are authorized and directed to prepare and execute the Bonds as prescribed in the Indenture and to deliver them to the Trustee for authentication and delivery to the Bond Purchaser. 9. The Mayor and City Administrator and other officers of the City are authorized and directed to prepare and furnish to the Underwriter certified copies of all proceedings and records of the City relating to the Bonds, and such other affidavits and certificates as may be required to show the facts relating to the legality of the Bonds as such facts appear from the books and records in the official custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. 10. The approval hereby given to the various documents referred to above includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by the City Attorney and the City officials authorized herein to execute said documents prior to their execution; said City officials are hereby authorized to approve said changes on behalf of the City. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. In the absence of the Mayor or Administrator, any of the documents authorized by this resolution to be executed may be executed by the Acting Mayor or the City Administrator, respectively. 225423 5 Page 67 Passed: , 1992. Attest: City Administrator (SEAL) 225423 6 Page 68 Mayor STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF LITTLE CANADA I, the undersigned, being the duly qualified and acting Administrator of the City Council of the City of Little Canada, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City duly called and held on the date therein indicated, insofar as such minutes relate to the authorization of the issuance of the $940,000 Commercial Development Revenue Refunding Bonds, Series 1992 (Breckenridge Associates Project). WITNESS my hand and the seal of said City this day of , 1992. (SEAL) 225423 City Administrator 7 Page 69 BOB LONG Councimcmber August 31, 1992 CITY OF SAINT PAUL OFFICE OF THE CITY COUNCIL Dear Mayor: As a local elected official responsible for delivering essential services to your constituents, I am sure you are concerned about the continuing attacks on the property tax relief funds in the Local Government Trust Fund. These attacks threaten to force local governments to either drastically cut services or dramatically increase property taxes. If your constituents are anything like mine you will agree that neither of these options will be acceptable. We need to act now to protect the Local Government Trust Fund from the reductions or elimination that will be proposed in the 1993 legislative session. The most effective way to do this is through a constitutional amendment dedicating 2 cents of the sales tax to property tax relief. These funds would be used to create a new Property Taxpayers' Trust Fund which would guarantee that the property tax relief funds originally sent to the Local Government Trust Fund would be used for property tax relief as was originally promised by the Governor and the Legislature. With the 1992 legislative campaigns getting into full swing and candidates from both parties looking for support, this is the year to get legislative commitments for a Constitutional Amendment. I am enclosing a sample resolution similar to one passed recently by the Saint Paul City Council and several other city councils around the state. The resolution calls for a Constitutional Amendment dedicating funding to a new Property Taxpayers' Trust Fund and requesting the League of Minnesota Cities to make such an Amendment one of their priorities in 1993. I am asking that your City Council consider passing a similar Resolution during the next month so that we can begin talking with legislators. In addition to sending a copy of your Resolution to the League, please also send me a copy so we can keep track of which cities have acted. Cities need a stable source of revenue not dependent on the property tax and not subject to the political debate between the Governor and the Legislature that seems to go on every year. Now that the sales tax has been raised to 6 1/2 percent and that sales tax is now applied to local government purchases all in the name of saving property tax relief programs, we must act to ensure that such property tax relief does in fact come to property taxpayers from a new Property Taxpayers' Trust Fund. CITY HALL SEVENTH FLOOR Page 70 SAINT PAUL, MINNESOTA 55102 se 66 Printed on Recycled Paper 612/298-4473 Presented By Referred To Council File # Green Sheet # RESOLUTION CITY OF , MINNESOTA Committee: Date 1 Resolution Concerning a Constitutional Amendment to Create a New Property Taxpayers' 3 Trust Fund in Minnesota WHEREAS, the State of Minnesota enacted a 3% State sales tax in 1967 with the promise to voters 5 that the money would be returned to them in the in the form of lower property tax relief for property 6 tax payers; and 7 WHEREAS, in 1991 the Governor and State Legislature approved the addition of a 1% increase in 8 the State sales tax, raising it from 6% to 61/2% with 2c dedicated to fund the Local Government Trust 9 Fund which was created to continue the State's commitment to local property tax relief; and 10 WHEREAS, in 1992, the Governor and State Legislature extended the 61% sales tax to local 11 government purchases with the promise of continued property tax relief through the Local 12 Government Trust Fund; and 13 WHEREAS, each year local governments are forced to combat continued attempts to reduce the 14 levels of State revenue dedicated to local property tax relief through cuts in programs such as Local 15 Government Aid; and 16 WHEREAS, it is anticipated that the State will face another budget deficit in 1993, making cuts in 17 local property tax relief programs tempting ways to solve the State's budget problems; and 18 WHEREAS, Governor Carlson has already publicly announced that he will concentrate on eliminating 19 local property tax relief programs during the upcoming legislative session; and 20 WHEREAS, the League of Minnesota Cities and the Association of Metropolitan Municipalities have 21 taken positions supporting a constitutional amendment dedicating 2e of each 61/2e collected from the 22 State sales tax to the Local Government Trust Fund if such dedication cannot be assured statutorily; 23 now, therefore, be it 24 RESOLVED, that the City of calls upon the State Legislature to support a 25 constitutional amendment dedicating 2e of each 6 1/2e collected by the State sales tax to a new Property 26 Taxpayers' Trust Fund, to guarantee continued property tax relief from the current Local Government 27 Trust Fund; and be it further 28 RESOLVED, that the City of strongly urges that the League of Minnesota Cities and the 29 Association of Metropolitan Municipalities make one of their 1993 priorities support for a 30 constitutional amendment dedicating 2e of each 6 1/2e collected by the State sales tax to a new Property 31 Taxpayers' Trust Fund; and be it further Page 71 August 28, 1992 CITIES ADOPTING RESOLUTION SUPPORTING CONSTITUTIONAL AMENDMENT DEDICATING 2 CENTS OF STATE SALES TAX FOR PROPERTY TAX RELIEF CITY (population) DATE OF ADOPTION BUHL (915) CRYSTAL (23,788) FAIRFAX (1,276) FAIRMONT (11,265) FALCON HEIGHTS (5,380) GRAND MARAIS (1,171) KEEWATIN (1,118) MANKATO (31,477) July 7, 1992 July 21, 1992 July 7, 1992 Aug. 8, 1992 Aug. 12, 1992 Aug. 12, 1992 July 8, 1992 July 27, 1992 MINNEAPOLIS- IGR Cmte. unanimously Res. scheduled to be heard (368,383) recommended Resolution before full Council MOORHEAD (32,295) NORTH SAINT PAUL (12,376) SAINT CLOUD (48,812) SAINT PAUL (272,235) `TWO HARBORS'-(3,651) WINNEBAGO (1,565) WINONA (25,399) WORTHINGTON (9,977) July 20, 1992 August 3, 1992 July 20, 1992 May 26, 1992 August`24, 1992 Aug. 12, 1992 July 20, 1992 July 27, 1992 Total Population Represented 851,083 Page 72 THE MINNESOTA PROPERTY TAXPAYERS' ASSOCIATION The Minnesota Property Taxpayers' Association is a non - profit organization committed to protecting the interests of residential and commercial property taxpayers in Minnesota and preserving the state's property tax relief programs which have been funded since 1967 with state sales tax revenue. The Minnesota Property Taxpayers Association supports a state Constitutional Amendment to dedicate 20 of each 610 of sales tax collected by the state to a new Property Taxpayers' Trust Fund to guarantee future property tax relief payments to Minnesota's property taxpayers. We the undersigned do hereby become a member of the Minnesota Property Taxpayers' Association and indicate our individual support for a Constitutional Amendment dedicating 2 of each 6 =Q sales tax collected by the state to a Property Taxpayers' Trust Fund to protect our property tax relief payments in the future. 1. 2. 3. 4. 5. 6. 7. 8. 9. NAME(signature) 10. ADDRESS PHONE Page 73 SANDERS WACKER WEHRMAN BERGLY September 3, 1992 City of Little Canada Mr. Joel Hanson City Administrator 515 East Little Canada Road Little Canada, Minnesota 55117 RE: Change order No. 1 Bituminous Parking and Trail Improvements Dear Joel, LANDSCAPE ARCHITECTS AND PLANNERS 365 East Kellogg Boulevard Saint Paul, Minnesota 55101 612 - 221 -0401 Fax: 612 - 297 -6817 Attached for your review and signature is Change Order No. 1 to the Contract for Bituminous Parking and Trail Improvements with Aero Asphalt, Inc. This is the only change order to the contract and will allow the final payment and close -out of the project. All of the changes have been previously discussed and approved. The first item is for spraying the trail with Round -up which was done last year to remove grass and weed growth. The second item was for extending the trails to connect to the newly completed Desoto Street. The last item is a credit for clean-up and topsoil work that was previously done under the Contract with Buck Blacktop. Please give me a call if you have any questions. William D. Sanders ASLA Landscape Architect :dmn Enc. Page 74 CHANGE ORDER AIA DOCUMENT G701 OWNER ARCl l rf F.CI. ❑ (:ONTRAC:'FOR ❑ FIELD ❑ OTI 1 Oil 1ER ❑ AU6 31 1992 PROJECT: Bituminous Parking Area & Trail Imp. (name, address) Little Canada, MN TO CONTRACTOR: (name, address) Aero Asphalt, Inc. 3570 Kilkenny Lane Hamel ., MN 55340 The Contract is changed as follows: CHANGE ORDER NUMBER: DATE: August 17, 1992 ARCHITECT'S PROJECT NO: CONTRACT DATE: August 16, 1991 CONTRACT FOR: Bituminous Parking Area and Trail Improvement 1 As described in the attached letter dated August 1, 1992. Not valid until signed by the Owner, Architect and Contractor. The original (Contract Sum) (Qn@tarx0ed7N tfmc rree)cwas S Net change by previously authorized Change Orders S The (Contract Sum) (Eilmitaxeb(11,115X0INteratilft4 prior to this Change Order was f The (Contract Sum) (iSNX-XdigettOd HtiMatiCM will be (increased) (14NOE xxttf (uockattzged)tTq this Change Order in the amount of S The new (Contract Sum) (Zenauxm alazao xm)P)6xa$ including this Change Order will be $ The Contract Time will be (increased) (decreased) (unchanged) by The date of Substantial Completion as of the date of this Change Order therefore is June 16, 1992 120,068.00 0 120,068.00 60.95 120,128.95 ( ) days. NOTE: This summary does not reflect changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive. SWWB, Inc. ARCHITECT 365 E. Kellogg Blvd. Address St. Paul, MN 55101 BY DATE 171 IV Aero Asphalt, Inc. CONTRACTOR 3570 Kilkenny Lane Address Hamel, MN 55340 aY /L.-L...." �- 9-- -- DATE fr 03-7/ 5 Z-- City of Little Canada OWNER 515 East Little Canada Rd. Address Little Canada, MN 55117 BY DATE MA DOCUMENT 0701 • CHANGE ORDER • 19H7 EDITION • MA. • ©19H7 THE AMERICAN INSTITUTE OF ARCurrnCTS, INS NEW YORK AVE., N W., WASHINGTON, n.(;• 20006 Pqe 75 6701 -1987 WARNINQ: Unlicensed nholoeonvinn violates U.S. convrlohl laws and Is sublect In Ienal omsecution. f 4ERO ASPHALT INC. 3570 Kilkenny Lane Hamel, MN 55340 #612-478-6065 #612-478-6152 August 1, 1992 Mr. William D. Sander's Sanders, Wacker, Wehrman, Bergly Landscape Arch. - Planners 365 E. Kellogg Blvd. St. Paul, MN 55101 RE: Change Order #1 Bituminous Parking Area & Trail Improvement Little Canada, MN Job #404.91 Dear Mr. Sanders: 406,21 1990 The following is a breakdown of prices for added work: 1.) Spraying of trail with Roundup: Total: $ 213.00 31.95 $ 244.95 2.) Bituminous Trail: 30' x 8' = 27 s.y. 3" 2341 - 27 s.y. @ $3.00 /s.y. = $ 81.00 8" Cl 5 - 12 ton @ $10.00 /ton = 120.00 Total: $ 201.00 Total Additions: $ 445.95 3.) Deduct: (- 385.00) Work by Buck Blacktop Total Deductions: $ 385.00 Net Change Order: Total: $ 60.95 Please issue Change Order. When I receive Change Order, I will send in Final Pay Request. Sincerely, cam/ Kevin J. Gannon Vice President AERO ASPHALT, INC. KJG /cam Page 76 An Equal Opportunity Employer . Contractor Qarks St. PadPad and Raney County/fly 1621 Bcahtwod Ave. St. NW. MN55116 812-686-4543 ?resident Neil Franey Vice Presidents Mark M. Nolan Marsha Soucheray Treasurer Jeanne Weigum Directors James R. Bricher Perry R. Bolin Thomas T. Dwight Bernard Edmonds William Frank Otis H. Godfrey, Jr. Milton Krona David Lilly Marilyn Lundberg Paul Mandell Robert Nethercut Joan O'Brien Marj Prokop Vice President Emeritus Samuel H. Morgan Ex Officio Dennis Asmussen John Caroon Paul L. Kirkwold Greg Mack Robert Pram Executive Director and Secretary . Peggy Lynch 12 1992 August 12,1992 Dear Park Director. A few months ago I sent a resolution to you regarding the preservation of railroad corridors until such time as it was deemed whether these corridors should be preserved for public use. I asked you to present this resolution to your board or park commission for approval as we plan to present these resolutions to the legislature before or during the 1993 session. If your park commission did approve the resolution would you forward it on to your city council for their approval also and see that these resolutions get sent to me. I am asking for your help in this matter, as the more support we can garner, hopefully the more successful we will be in preserving these corridors for public use. I am enclosing a copy of that resolution. If you have any questions, please feel free to call me. Thank you. Sin1Grely, Peggy -ynch Page 77 f St,,P2u1 and ti R, asey County`s 1621 Beahwood Ave. SC Pat Mn55116 6126984543 President Neil Franey Vice Presidents Mark M. Nolan Marsha Soucheray Treasurer Jeanne Weigum Directors James R. Bricher Perry R. Bolin Thomas T. Dwight Bernard Edmonds William Frank Otis H. Godfrey, Jr. Milton Krona David Lilly Marilyn Lundberg Paul Mandell Robert Nethercut Joan O'Brien Marj Prokop Vice President Emeritus Samuel H. Morgan Ex Officio Dennis Asmussen John Caroon Paul L. Kirkwold Greg Mack Robert Pram Executive Director and Secretary Peggy Lynch Whereas, over 50% of Minnesota's railroad grades have been abandoned (over 5000 miles) in the Last sixty years and another 800 to 1000 miles of railroad grades are projected to be abandoned in the next decade, and Whereas, Minnesota's railroad grades have maximum value for transportation and recreation purposes and the potential to host communication lines only so long as they are intact, and Whereas, the public cost of acquisition is increased once grades have been sold off in small parcels, and Whereas, abandoned railroad grades often provide the only feasible route for new trail development particularly in highly urbanized areas, and Whereas, these grades often contain remnant prairie species and provide significant wildlife habitat, and Whereas, abandonments are often unpredictable and time for public acquisition can be relatively short, and Whereas, engineering of railroad grades meets the needs of walkers, bicyclists and others with their gentle grades and turns and separation from automobile traffic, and Whereas, substantial public interest exists in preserving these grades for public use. NOW THEREFORE BE IT RESOLVED that the forward the following recommendations to the State Legislative: 1. That all abandoned railroad grades be expediently preserved until such time that the future public use can be determined. 2. That a fund be established for the preservation of abandoned rail corridors if public use is deemed desirable. 3. An interagency panel of state agencies and local units of government be established to decide interim and ultimate use of abandoned rail corridors and to assist with conflict resolution if needed. Page 78